Mason v State of Queensland
[2023] QDC 80 · Long SC DCJ
Justin Mason was a custodial corrections officer at Woodford Correctional Centre. In January 2017, his immediate supervisor punched him in the stomach during a workplace disagreement. After Mason reported the assault, he was subjected to name-calling and reprisals from colleagues, including being called a “dog” and a “nark”, and he felt unsupported by management. He developed an adjustment disorder and stopped work.
The Court had to decide whether the State was responsible for the supervisor’s assault and for the way Mason was treated after reporting it. The judge found the State was vicariously liable for the assault because the supervisor misused his workplace authority, and also found the State failed to protect and support Mason after he made what was treated as a public interest disclosure. The Court accepted that the assault was a substantial cause of Mason’s psychological injury, and that the later workplace treatment and lack of support compounded and prolonged it. Mason was awarded $148,114.85, clear of the workers’ compensation refund.
Incident & injury
Custodial corrections officer assaulted (punched) by his immediate supervisor in the workplace, followed by reprisals from colleagues and lack of managerial support after reporting the assault, causing psychological injury
Read the findings as text
- Supervisor punched him. Then reprisals from staff.
- Vicarious liability. And failure to support.
- $148,115 awarded. [2023] QDC 80.
- Body regions
- Psychiatric
- Diagnoses
- Adjustment disorder
- Incident date
- 22 January 2017
- Location
- Woodford Correctional Centre
Quick facts
- Date of judgment
- 12 May 2023
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 41
- Occupation
- Custodial Corrections Officer Community & Personal Service Worker
- Liability
- Disputed
- ISV assessed
- 6 · Item 12, Schedule 9 WCRR (moderate mental disorder)
- Total damages
- $148,115 17th percentile · WCRA Common Law matters (n=29)
Outcome
The court found the State of Queensland liable both vicariously for the supervisor's unlawful assault of the plaintiff and for the subsequent failure to support and protect him as a public interest discloser, causing an adjustment disorder. Judgment was entered for the plaintiff for $148,114.85 clear of the statutory refund.
Defendant
1 State of Queensland
Employer
- Judgment against this defendant
- $148,115
- WorkCover refund
- $59,723
Heads of damage
| General damages | $8,630 |
|---|---|
| Past economic loss | $124,590 |
| Interest on past EL | $2,729 |
| Past superannuation | $6,769 |
| Future loss of economic capacity | $48,450 |
| Future superannuation | $5,814 |
| Past special damages (plaintiff) | $8,393 |
| Interest on past special damages | $14 |
| Future special damages | $2,450 |
| Subtotal before refunds | $207,838 |
Key issues
Mason v State of Queensland [2023] QDC 80
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Learn more about WorkCover common law claims and psychological injury claims in Queensland.